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Home My WebLink About04-30-2001 City of WInter Springs v. Ava Anthony, Inc. Texaco Site - 701 S.R. 434 Our File # 1288Cruel t✓� w��(.,,ti BROWN, WARD, SALZMAN & WEISS, P.A. ATTORNEYS AT LAW Usher L. Brown' John H. Ward',!-�t�� Gary S. Salzman° Jeffrey S. Weiss Suzanne D'Agresta MAY 0 1 2001 Anthony A. Garganese° Scott D. Danahy James G. Vickaryous CITY OF WINTER SPRINGS Alfred Truesdell City Manager Arthur R. "Randy" Brown, Jr. Brett A. Marlowe Jeffrey P. Buak Kristine R. Kutz Joseph G. Colombo Joanne Reed Day ' Board Certified Civil Trial Lawyer ° Board Certified Business Litigation Lawyer Board Certified City, County & Local Government Law April 30, 2001 Mr. Ronald McLemore, City Manager City of Winter Springs 1126 East S. R. 434 Winter Springs, FL 32708 Re: City of Winter Springs v. Ava Anthony, Inc. Texaco Site — 701 State Road 434 Our File No. 1288 Dear Ron: Two Landmark Center 225 East Robinson Street, Suite 660 Post Office Box 2873 Orlando, FL 32802-2873 (407)425-9566 (407) 425-9596 FAX Website: www.oriandolaw.net agarganese@orlandolaw.net Cocoa, FL: 866425-9566 As you requested, we have filed a lawsuit to abate the nuisance concerning the referenced matter. Enclosed is a copy of the Complaint filed. We will keep you informed as this matter progresses. Anthony A. Garganese City Attorney AAG:kj Enclosure COPY FORM 1.997. CIVIL COVER SHEET The civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law. This form is required for use of the Clerk of Court for the purpose of reporting judicial workload data pursuant to Florida Statute 25.075. I. CASE STYLE IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT IN AND FOR SEMINOLE COUNTY, FLORIDA CITY OF WINTER SPRINGS, a Florida Municipal Corporation Case No.: Plaintiff, vs. AVA ANTHONY, INC., a Florida Corporation Defendant. II. TYPE OF CASE: PUBLIC NUISANCE III. Is Jury Trial Demanded in Complaint? Yes X No DATE: April 30 , 2001. Judge: SIGNATURE OF ATTORNEY FOR PARTY, CITY OF WINTER SPRINGS, A Florida Municipal Corporation INITIATING ACTION A J 1--7 -- ~ • HO Y A. GARGANESE P10 OWN, WARD, SALZMAN & WEISS, P.A. rida Bar No.: 0769134 JOSEPH G. COLOMBO Florida Bar No.: 0118184 IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT IN AND FOR SEMINOLE COUNT`(, FLORIDA CASE NO.: DIVISION: CITY OF WINTER SPRINGS, a Florida Municipal Corporation Plaintiff, vs. AVA ANTHONY, INC., a Florida Corporation Defendant. SUMMONS THE STATE OF FLORIDA: To Each Sheriff of the State: YOU ARE HEREBY COMMANDED to serve this summons and a copy of the complaint or petition in this action on Defendant, AVA ANTHONY, INC., a Florida corporation by serving its Registered Agent CLEMENT, G. E., Esq. 308 East Fifth Avenue Mount Dora, FI. 32757 Defendant is hereby required to serve written defenses to the Complaint on Anthony A. Garganese, Esquire, Brown, Ward, Salzman & Weiss, P.A., Counsel for Plaintiff, whose address is: Two Landmark Center, 225 Robinson Street, Suite 660, Orlando, Florida 32801, within 20 days after service of this summons on that Defendant, exclusive of the day of service, and to file the original of the defenses with the clerk of this court either before service on Plaintiffs attorney or immediately thereafter. If a Defendant fails to do so, a default will be entered against that Defendant forthe relief demanded in the complaint or petition. DATED on 2001. Clerk of the Circuit Court (Court Seal) By: As Deputy Clerk In accordance with the Americans With Disabilities Act, persons with disabilities needing a special accommodation to participate in this proceeding should contact Court Administration at 301 N. Park Avenue, Suite N301, Sanford, Florida 32771, at least five (5) days prior to the proceeding, Telephone (407) 323-4330, ext. 4227, (TDD) 1-800-955- 8771 or voice (V) 1-800-955-8770 via Florida Relay Service. V IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT IN AND FOR SEN4 NOLE COUNTY, FLORIDA CASE NO.: DIVISION: CITY OF WINTER SPRINGS, a Florida Municipal Corporation Plaintiff, vs. AVA ANTHONY, INC., a Florida Corporation Defendant. COMPLAINT Plaintiff, the CITY OF WINTER SPRINGS, a Florida Municipal Corporation (hereinafter referred to as "WINTER SPRINGS" ), by and through its undersigned attorneys, hereby sues Defendant, AVA ANTHONY, INC., a Florida Corporation (hereinafter referred to as "OWNER"), and states: GENERAL ALLEGATIONS This is an action in equity for a permanent injunction to abate a public nuisance regarding real property located in the City of Winter Springs, Seminole County, Florida. 2. Winter Springs is a municipal corporation located in Seminole County, Florida, organized and existing under the laws of the State of Florida. 3. Owner is a corporation organized and existing under the laws of the State of Florida, with its principal place of business in Orange County, Florida. CASE NO.: DIVISION NO.: 4. The Property at issue is located at 701 East State Road 434, Winter Springs, Florida 32708, at the corner of State Road 434 and Hayes Road, within the City of Winter Springs, Seminole County, Florida (hereinafter referred to as the "Property") 5. Owner originally intended to build and operate a Texaco gas station at the Property. Owner began construction work that has been abandoned without completion. 6. Owner has failed to properly maintain the Property. The Property has been overrun with weeds, litter, construction debris, open pits, and dirt piles. The Property contains many cement blocks from 2 feet to 4 feet square. There are approximately twenty green 10 foot by 1 foot plastic tubes on the ground. There are approximately fifty 4 foot by 2 foot cement tubes. There are three partially buried 20-foot long tanks with pipes protruding into the air approximately 3 feet. These tanks lie at the bottom of an open pit that is approximately 30 feet by 30 feet by 5 feet deep. 7. There are four large piles of dirt, sand, and gravel. One is approximately 30 feet by 10 feet by 8 feet. Another is approximately 20 feet by 10 feet by 10 feet. Another is 5 feet by 5 feet by 2 feet. The last is 5 feet by 5 feet by 2 feet. There are pits corresponding to the piles. 8. On December 8, 1999, the Code Enforcement Board of Winter Springs found the owner to be in violation for failing to comply with Winter Springs municipal ordinance Sec. 13-1 which prohibits public nuisances within Winter Springs. See attached Composite Exhibit "A". 9. Subsequently, Owner has not taken adequate steps to remedy the safety hazards at the Property. 2 CASE NO.: DIVISION NO.: 10. The condition at the Property is an annoyance to the community and can potentially endanger the health of the community. Winter Springs finds the Property to be a Public Nuisance as defined in Florida Statute Section 823.05. As such, Winter Springs is compelled by Florida Statute Section 823.05 to attempt to abate or enjoin the dangerous condition of the Property. PERMANENT INJUNCTION FOR ABATEMENT OF NUISANCE 11. Plaintiff hereby reincorporates as if fully set forth herein paragraphs 1 through 10. 12. Florida Statute Section 60.05 grants the City Attorney the power to sue in the name of Winter Springs to abate a nuisance within Winter Springs. 13. As stated more fully above, the Property of the Owner is a public nuisance. 14. The condition of the Property has caused irreparable injury to Winter Springs. There is no adequate remedy at law that will correct the public nuisance. 15. Florida Statute Section 60.05(4) and Winter Springs municipal ordinance Sec. 13-1 provide that the Court may issue a Permanent Injunction Order and order that all clean-up costs be paid by Owner for establishing or maintaining a nuisance. 16. All conditions precedent to the maintenance of this action have occurred, have been performed by Winter Springs, or have been waived by Owner. 17. Winter Springs has engaged the undersigned attorneys to prosecute this action and has agreed to pay such attorneys a reasonable attorney's fee. WHEREFORE, Plaintiff, CITY OF WINTER SPRINGS, a Florida Municipal Corporation, hereby demands against Defendant, AVA ANTHONY, INC., a Florida Corporation, Final Judgment 3 CASE NO.: DIVISION NO.: of a Permanent Injunction abating the nuisance at the Property, by removing the weeds, litter, and other debris from the Property, and by the filling of all pits at the Property, with all costs of the nuisance abatement to be paid by Defendant, and if applicable, attorney's fees,costs and such other and further relief as this Court deems just and proper. DATED this3O 15< day of April, 2001. R' Docs\City of Winter Springs\Ava Anthony\Complaint BROWN, WARD, SALZMAN AND WEISS, P. A. I I I North Orange Avenue, Suite 875 Orlando, Florida (407) 425-9566; Fax (407) 425-9596 Attorneys for Plaintiff ,, HONY GARGANESE, ESQUIRE ida Bar No.: 988294 SEPH G. COLOMBO, ESQUIRE 6da Bar No.: 0118184 4 �I CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 �CptOt` WINTER SPRINGS, FLORIDA 32708-2799 Telephone (407) 327-1800 ORDER OF THE CODE ENFORCEMENT BOARD CASE NUMBER: 99-706 CERTIFIED: Z 368 694 172 OWNER: Anthony Ava Inc. 701 State Road 434 — Proposed Texaco Station Section 13-1. (Public Nuisancel The Code Enforcement Board of the City of Winter Springs, Florida, sat in hearing on November 16, 1999 in the matter of Anthony Ava Inc. to determine whether the company is in violation of Section 13-1. [Public Nuisance] of the Code of the City of Winter Springs, Florida. Upon hearing all evidence on the matter, the Board arrived at the following: "In the case of Code Enforcement Board Number 99-706 of the City of Winter Springs, the Code Enforcement Board has read the complaint filed and the written information prepared by the Code Inspector, and heard at this meeting, the sworn testimony of the Code Inspector. Based upon these proceedings, I move that Anthony Ava of 701 State Road 434 is in violation of Section 13-1. [Public Nuisance] of the Code of the City of Winter Springs, and that an appropriate Relief Order be issued at this meeting." Anthony Ava Inc. is in violation of Section 13-1. [Public Nuisance] of the Code of the City of Winter Springs. "In the case of Code Enforcement Board Number CEB-99-706 of the City of Winter Springs, Anthony Ava, having been found to be in violation of Section 13-1. [Public Nuisance] of the Code of this City, I move that Anthony Ava be given fourteen (14) days after notification to come into compliance with regard to this violation. If compliance is not achieved by that date, a fine of S100.00 will be imposed per day until compliance is achieved, as verified by an Officer of this City. Furthermore, any and all future recurrences of this violation after compliance has been achieved will immediately cause the stated fine to be imposed until compliance is again achieved, as verified by an Officer of the City." Now then, the Code Enforcement Board of the City of Winter Springs, Florida, instructs all enforcement procedures to be instituted to accomplish this Order. This Y�� day of December, 1999. I)UCSAuia�dx/codccnlir/alll/r�Iisliu/I 11699/99-706 duc CERTIFIED MAIL Z 521 323 362/FIRST CLASS 'o1annKrebs, Chairperson Code Enforcement Board City of Winter Springs EXHIBIT Co W'.0o9.'ACE $IA71 ■ Complet,''ems 1, 2, and 3. Also complete item 4 i tricted Delivery is desired. ■ Print you, .lame and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: AVA ANTHOLN !NC. 6801 FOR'.ST CITY ROAD ORLANDO FL 32810 2. Article Number (Copy from service label) Z 521 323 362 PS Form 3811, July 1999 A. Receiver Please Print Clearly! of De4va y - -- L ature --1 �_ Kis ❑ Ajent _ livery address different from,,—, _ ❑ Ad 1r_ssae If YES, enter delivery address bch,:, ❑ n�,, 3. Service Type `EN Certified Mail ❑ Express M;W ❑ Registered ❑ Return Rec.,pr f;r Me ch,idise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Feei ❑ Yes `— Domestic Return Receipt 10-';35-99-M-1789 _ 9Gnn A -Al 100r. ...o - O .� 3� co N O N 0 W > O O in > ie 2 o•� 3 3 H a � �Q OD 6�96 C -- 7 a c � u3i o H `° ` a� v3 n rZ c 9 c m �y or o 2 rn O; A�� a "1 3 OR Cn Z H x O 0� o m 0 n O m o< -i co g -B ray t q Z � '4 3�Cj s � o � c� ao �G ('� w a Q �1 0 Cii i 0o tv w Co L� CITY OF WINTER SPRINGS CODE ENFORCEMENT BOARD CITY OF WINTER SPRINGS, FLORIDA CODE ENFORCEMENT BOARD, PETITIONER, V. ANTHONY AVA INC. RESPONDENT. COMPLAINT NO.: CEB-99-706 ADDRESS: 6801 FOREST CITY ROAD ORLANDO, FLORIDA 32810 AFFIDAVIT OF NON-COMPLIANCE WITH ORDER OF WINTER SPRINGS CODE ENFORCEMENT BOARD STATE OF FLORIDA ) ) S.S.: SECTION 13-1 COUNTY OF SEMINOLE ) BEFORE ME, the undersigned authority, personally appeared CAROLYN JIMETTE COOK Code Inspector for the City of Winter Springs who, after being duly sworn, deposes and says that: 1. On NOVEMBER 16 , 1999 , the Code Enforcement Board held a public hearing and issued its order in the above styled matter. 2. Pursuant to said Order, Respondent was to have taken certain corrective action by or before FEBRUARY 19 , 2000- 3. A reinspection was performed on FEBRUARY 20 20DD-- k. The reinspection revealed that (check one) YX the corrective action ordered by the Code Enforcement Board has not been taken. the violation has recurred. 5. A description of the current status of the violation is as follows: CREATING A PUBLIC NUSIANCE BY ALLOWING STORAGE OF CONSTRUCTION DEBRIS AND ALLOWING THE OVERGROWTH OF PLANTS. FURTHER AFFIANT SAYETH NOT. DATED this -f= day of20Q. SIGH URE�E &NSPECTOR SWORN to and subsLibedbef meth ay of , 2 NOT"CZ f lorida My commissioJExi ,or�IN *K(*MY CoMMUl0n CC774136 %,, / Expkee Seplembx 10. 2002 pp c cn C m w c CODE ENFORCENI ENT BOARD OF THE CITY OF WINTER SPRINGS, FLORIDA m City of Winter Springs Complaint No. CEB-99-706 ., O� i Petitioner, rn v. Anthony Ava Inc. 6801 Forest City Road Orlando, FL 32810 Respondent. ORDER IMPOSING PENALTY/LIEN THIS CAUSE came on for public hearing before the Winter Springs Code Enforcement Board on November 16, 1999, after due notice to Respondent, at which the Board heard testimony under oath, received evidence, and issued its Finding of Fact and Conclusions of Law and thereupon issued oral Order which was reduced to writing and furnished to Respondent. Said Order required Respondent to take certain corrective action by a certain time, as more specifically set forth in that Order. �; An Affidavit of Non -Compliance, bearing the date of February 20, 1999 has been filed with the N �= Board by the Code Enforcement Manager, which Affidavit certifies under oath that the required corrective action was not taken as ordered. �p :�• Accordingly, it having been brought to the Board's attention that Respondent did not comply with Cr, Order dated December 8, 1999, it is hereby: ORDERED THAT RESPONDENT PAY to the City of Winter Springs a fine in the amount of �rr $100.00 per day in reference to the property that exists at 701 East State Road 434 in the City of Winter Springs described as: LEG LOTS 30+51+VACD ENTZMINGER FARMS ADDITION PB 5 PAGE 9, OF SEMINOLE COUNTY OWNED BY ANTHONY AVA INC. o ::0N o rnm 6801 FOREST CITY ROADCD �z ORLANDO, FL 32810 j r-- This Order if recorded in the public records shall constitute a lien against the above described N =m M property and any other real or personal property of the Respondent, pursuant of Section 162.08 and <c Section 162.09 of Florida Statutes. N\q'' 1bNE AND ORDER this day ' winter Springs, of at Seminole Ctrunty, Florida. vim, or C d E f •� 4 ity Cler Date o e n rcement Board of the City of Winter Springs, Florida C. , - �2__ irman